Different punishments by different disciplinary authorities for same misconduct

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Different punishments by different disciplinary authorities for same misconduct

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    • #4434
      Ziaur Rahman
      Blocked

      In cases of proved bigamy in disciplinary proceedings different disciplinary authorities of different departments under the same Government( here the S.Ps of various districts under DGP and IGP W.B) have awarded punishment ranging from dismissal to stoppage of increment for one year to three years some with future affect and some without future affect. What is the bench mark for awarding punishment of ununiformed kinds under the same administrative head i.e. DGP and IGP? What remedies lie against a dismissed staff vis a vis case of non dismissed staff? Kindly enlighten.

    • #4443

      You are talking about the disciplinary authority in a Government department. In fact, there are no sentencing guidelines or sentencing policy even for the courts in India which can send accused persons to jail.

      It is the discretion of the concerned authority, which has to be exercised on the basis of the facts of each case, the seriousness of the charges, mitigating circumstances available in favour of the delinquent officer, aggravating circumstances against him, and many other factors, etc. In the absence of any sentencing policy or the penalty policy, as to how much penalty must be imposed in which circumstances, it is the discretion of the authority and it may depend somewhat also on the subjective satisfaction of the authority.

      While a particular individual who has been awarded a penalty may appeal against it under the rules to the higher authorities or to the courts / tribunals, I don’t think you can challenge it on the ground that in one case it was dismissal while in the other it was a lighter punishment. However, in your case, you can cite such other case as an example for seeking a similar lenient penalty.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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